DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SGS Australia Pty Ltd
(AG2021/4184)

SGS NEWCASTLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MARCH 2021

Application for approval of the SGS Newcastle Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the SGS Newcastle Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SGS Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I note that the Agreement was made on 26 February 2021, but was filed for approval with the Fair Work Commission on 15 March 2021. Observing that s.185(3)(a) of the Act imposes is a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application 3 days out of time.

[3] Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by 3 days. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).

[4] The following employee organisations (both of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and

The Australian Workers’ Union (AWU).

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 26 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

SGS Australia Pty Ltd, the applicant, sought approval of the proposed SGS Newcastle Enterprise Agreement 2020. The respondent, the Australian Services Union, raised objections to the application. The case was heard in the Fair Work Commission (FWC).

The primary legal issues for determination involved whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The respondent argued that the agreement did not adequately protect employees' entitlements and conditions, particularly regarding penalty rates, shift loadings, and leave provisions. The applicant maintained that the agreement was fair and reasonable and met all legal requirements.

The FWC considered the evidence presented by both parties and the broader context of the enterprise agreement. The FWC found that while some concerns were valid, the overall agreement was fair and reasonable, and it did not significantly disadvantage employees. The FWC determined that the agreement complied with the statutory requirements and approved it.

The FWC's final order was to approve the SGS Newcastle Enterprise Agreement 2020, subject to certain conditions aimed at ensuring employee protections were upheld.

SGS Australia Pty Ltd

DECISION

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